ECOWAS Community Court of Justice - 2016 May

6 judgments
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6 judgments
Citation
Judgment date
May 2016
Applicants' claims for human-rights violations from a state-owned airline's liquidation were dismissed for lack of evidence; airline exonerated; applicants ordered to pay costs.
Human rights – socio-economic rights and liquidation of state-owned enterprise – ECOWAS Court limited to international instruments – inadmissibility of domestic law claims – State responsibility only (corporate entity exonerated) – insufficiency of evidence and effect of renunciation receipts
19 May 2016
The ECOWAS Court cannot supervise or enforce its own judgments once a final decision on the merits has been rendered.
Regional Court – ECOWAS Court – Jurisdiction – Competence to supervise enforcement of judgments – Exhaustion of jurisdiction after final decision – Human rights – Right to liberty and effective remedy – Non-execution of regional court judgments.
17 May 2016
The Court held Mali liable for failing to protect citizens and ensure a fair trial, awarding damages for rights violations.
Human rights – State obligation to protect – Right to life and physical integrity – Failure to ensure security during political crisis – Judicial dysfunction – Right to effective remedy – Fair trial – ECOWAS Court jurisdiction over human rights violations by member states – Damages and compensation.
17 May 2016
The ECOWAS Court lacks jurisdiction over contractual disputes not amounting to human rights violations.
ECOWAS Court jurisdiction – limitation to human rights violations – contractual/banking disputes – inapplicability where no express human rights violation is claimed – distinction between economic loss and rights violation.
17 May 2016
The ECOWAS Court of Justice lacks jurisdiction over purely contractual disputes not involving specific human rights violations.
Jurisdiction – Human rights – ECOWAS Court of Justice – Contractual disputes – Economic loss – Absence of specific human rights violation – Competence of the Court – Article 10 of 2005 Protocol.
17 May 2016
Excluding women from land inheritance due to custom constitutes sex-based discrimination under international human rights law, warranting redress.
Human rights – discrimination based on sex – exclusion of women from inheritance – review of national judicial decisions by regional human rights court – right to equality before the law – right to property.
17 May 2016